By now, Texas businesses have likely established policies governing remote work such as: hours of availability, sufficient technology and safe workspaces, no off the clock work, and clear expectations on whether additional duties (childcare, elder care, moonlighting) are allowed. But employers must also consider the small but significant issues to avoid running afoul of state and federal laws to safeguard from liability.

Employers must consider who provides the items required to make remote work possible. Is the company or the employee paying for internet, phone, toner cartridges and other traditional office items? The Fair Labor Standards Act (FLSA) generally does not require an employer reimburse those expenses, but it does require non-exempt employees be paid at least minimum wage ($7.25), and overtime where applicable. "Employers are required to pay for all hours worked, including work not requested but suffered or permitted, including work from home." See FAB 2020-5 (dol.gov) and 29 C.F.R. Section 785.11-12. If work expenses result in an employee receiving less than minimum wage, an employer could run afoul of the FLSA. See COVID-19 and the Fair Labor Standards Act Questions and Answers | U.S. Department of Labor (dol.gov) Also, if an employee moves away from Texas, it is important to assess that state's law on expenses. Many states require employer reimbursements, especially when remote work is mandatory, including: California, Illinois, and Montana.